Citation Nr: 0718902
Decision Date: 06/22/07 Archive Date: 07/03/07
DOCKET NO. 05-28 744A ) DATE
)
On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland,
Ohio
THE ISSUE
Entitlement to service connection for skin cancer with
residual scars.
ATTORNEY FOR THE BOARD
D. Hachey, Associate Counsel
INTRODUCTION
The veteran served on active duty from November 1956 to June
1960.
This case comes before the Board of Veterans' Appeals (the
Board) on appeal from a July 2004 rating decision of the
Department of Veterans Affairs (VA) Regional Office in
Cleveland, Ohio (the RO).
FINDINGS OF FACT
In April 2007, prior to the promulgation of a decision in the
appeal, the Board received notification from the veteran that
a withdrawal of this appeal was requested.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
veteran have been met. 38 U.S.C.A. § 7105(b)(2), (d)(5)
(West 2002); 38 C.F.R. §§ 20.202, 20.204 (2006).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed.
A Substantive Appeal may be withdrawn in writing at any time
before the Board promulgates a decision. 38 C.F.R. § 20.202
(2006). Withdrawal may be made by the veteran or by his or
her authorized representative. 38 C.F.R. § 20.204 (2006).
The veteran withdrew his appeal in an April 2007 statement
and, hence, there remain no allegations of errors of fact or
law for appellate consideration. Accordingly, the Board does
not have jurisdiction to review the appeal and it is
dismissed.
ORDER
The appeal is dismissed.
Barry F. Bohan
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs